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the canadian human rights act

The Canadian Human Rights Act entitles all individuals to equal employment opportunities without regard to: race or colour, national or ethnic origin, religion, age, family or marital status, sex (including pregnancy or childbirth), pardoned conviction, disability (either physical or mental or as the result of dependence on alcohol or drugs), or sexual orientation.

Section 8 of the Act states that: It is a discriminatory practice,

• (a) to use or circulate any form of application for employment, or
• (b) in connection with employment or prospective employment, to publish any advertisement, or make any written or oral inquiry that expresses or implies any limitation, specification or preference based on a prohibited ground of discrimination.

The Act covers employment under federal jurisdiction. Included are federal government departments and agencies, Crown corporations, airlines, banks, railways, interprovincial pipelines, radio, television and telephone companies, and transport companies that do business in more than one province.

An exception to the Act is allowed when the abilities necessary to carry out the core functions of the job are related to a prohibited ground. A particular skill or qualification can be specified if the preference is based on a bona fide occupational requirement. For example, a job may require a certain level of colour vision in order to be performed safely and efficiently, thereby precluding from consideration a person who does not meet this level. However, employers should try to find alternative approaches to the job so that such restrictive requirements can be eliminated.

Occupational requirements should focus on a person's actual ability — not assumptions based on a group characteristic.

Source: The Canadian Human Rights Act: A Guide

interview questions

Illegal interview or application topics include questions about: age, marital status, country of origin, religion, sexual preference and health status.

So how do you deal with illegal or inappropriate questions? Try to remember that some interviewers may not have formal training in proper interview techniques and may be inexperienced and unaware of employment law. When faced with this situation it is best to remain composed and professional. You can decide later if you want to work for this kind of employer.

Personal questions considered to be job-related usually are allowed in the interview or on the job application. Questions that are legally permitted include:

• Have you ever been convicted of a crime?
• Can you show proof of your eligibility to work in Canada?

information and resources

Human Resources Management - HRDC website with information about employment standards and labour law in Canada

Ministry of Labour - information about Employment Standards in Ontario (ie. minimum wage, termination pay and notice, vacation, hours of work and overtime)

Law Society of Upper Canada - offers a Lawyer Referral Service, for $6 you will be referred to a lawyer who will give you a half-hour of legal advice
(1.900.565.4577)

For Workers' Compensation concerns the Ontario Office of the Worker Advisor advocates on behalf of injured workers,assists or represents at all stages of the Workers' Compensation process, and provides information on policies and procedures.
Suite 1300, 123 Edward Street, Toronto
ph : 416.325.8570

Human Rights Commission
ph : 416.973.5527
toll free : 1.800.999.6899
TTY : 1.888.643.3304

Downtown Legal Services - Community legal clinic operating out of the Faculty of Law, University of Toronto that offers "innovative legal services to low income communities."

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